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(영문) 대구지방법원영덕지원 2016.10.27 2016가합37
협약지원금반환
Text

1. The Defendant’s KRW 88,701,442 as well as the Plaintiff’s annual rate of KRW 5% from February 20, 2016 to October 27, 2016, and the following.

Reasons

In fact, the Plaintiff, such as the conclusion of an agreement between the Plaintiff and the Defendant, had implemented the “Ari Residents’ Livelihood Support Project” with the content of constructing a 4th floor studio building on the ground level B and C in order to support the livelihood of interest-free residents due to the construction of a nuclear power plant.

(hereinafter referred to as the “instant construction project” and the “instant project”). Article 7 (Delivery of Assistance Project Costs to the Plaintiff) (1) The business entity (referring to the Korea Atomic Energy Headquarters for the Plaintiff; hereinafter the same shall apply) shall grant the Defendant’s application for the delivery of Assistance Project Costs and the grant decision in accordance with the Defendant’s application for the grant of Assistance Project Costs and the grant decision.

(2) When filing an application for the delivery of expenses for supporting business operators, the defendant shall submit relevant evidential documents.

Article 8 (Management, Execution, etc. of Business Support Expenses) (1) The defendant shall open and manage a separate account for the business support expenses received, and use them, and comply with the standards for accounting of the business support expenses (the receipt shall be a receipt, such as tax invoice, credit card receipt, cash register receipt, account transfer slip, etc.).

(2) The defendant shall conduct business within the amount agreed upon, and appropriate for additional expenses.

Article 9 (Verification of Execution of Support Project and Submission of Related Materials) The defendant shall faithfully comply with the request of a business operator and a person designated by the business operator to submit materials, such as confirmation of progress and inspection of related documents related to the project.

Article 12 (Prohibition of Use of Support Project Costs for Business Operators, etc.) (1) The defendant shall not use the support project costs for business operators for purposes other than the business operators support plan

Article 17 (Handling of Violation of Convention) (1) If a defendant violates this Convention, a business operator shall suspend the amount of support under Article 3 or recover the subsidies already paid.

Accordingly, the plaintiff raises objection between the defendant around April 2014.

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